“Nearly all men can stand adversity, but if you want to test a man’s character, give him power.”
From Senator John Benoit . . .
FOR IMMEDIATE RELEASE
1/06/09
CONTACTS:
Barry Nestande, District Office, (951) 653-9502
Kyle Packham, Capitol Office, (916) 651-4037
On Heels Of Law Enforcement Honor, Benoit Introduces Good Samaritan Protection Act
SACRAMENTO – Senator John J. Benoit (R-Bermuda Dunes) today announced that he was recently recognized as an Outstanding Legislator of 2008 by the California State Sheriffs’ Association for demonstrating his commitment to the public safety of all Californians. In addition, Senator Benoit today formally introduced legislation (SB 39) to protect Good Samaritans from legal liability, in response to a California Supreme Court ruling made in December.
Benoit’s bill comes at a critical time, just weeks after the Court, in a 4-3 ruling, uncovered a significant shortfall in legal protections for Good Samaritans.
A civil suit was filed in the aftermath of a 2004 Chatsworth traffic crash, in which a Good Samaritan, fearing that a crashed car would explode, pulled her coworker out of the vehicle. The co-worker filed the suit, claiming that her rescuer pulled her “like a rag doll,” causing her paralysis. The Court decided that State law, written in 1980, only shielded Good Samaritans from liability incurred in giving medical care in an emergency.
“Very often, the first responders to an accident are regular citizens. Their assistance often means the difference between life and death for the victim. This decision relies on very technical language, which gives me hope that my legislative fix will overturn this decision,” said Senator Benoit. “But it is discouraging and dangerous, and sends a terrible signal to would-be Samaritans to reconsider a random act of kindness to a stranger, lest they want to be on the hook for any accidental injuries caused in the course of rescue.”
The Good Samaritan Protection Act amends the Health and Safety Code to clarify the Legislature’s 1980 “Good Samaritan Law” to correct the Supreme Court’s interpretation, thus indemnifying all persons rendering all forms of emergency care, not just emergency medical care, from liability of civil damages.
On Christmas Eve, Benoit was joined by prominent Rancho Mirage physicist and “The Father Of Critical Care Medicine,” Max Weil, in a press conference to announce his legislation. Dr. Weil, whose lifelong contributions to emergency medicine earned him the American Heart Association’s lifetime award, remarked, “Now if you stop at an accident, you’re at risk (of a lawsuit). We had 26 drownings in this county last year, mainly toddlers between the age of 1 and 3. Are we to discourage a bystander from jumping into the pool and pull a child out?”
This marks the second consecutive year that Benoit won the honor from the California State Sheriffs’ Association. A thirty-one year law enforcement veteran, Benoit secured the passage and signing of twenty pieces of legislation relating to public safety during his three terms in the Assembly. The CSSA, formed in 1894, is a nonprofit professional organization comprised of California’s 58 sheriffs along with thousands of law-abiding citizens throughout the state.
###
Senator John J. Benoit, a former volunteer fire captain and 31-year law enforcement veteran, represents the 37th Senate District, which includes Anza, Banning, Beaumont, Bermuda Dunes, Cabazon, Calimesa, Canyon Lake, Cherry Valley, Corona, Desert Hot Springs, El Cerrito, Hemet, Home Gardens, Homeland, Idyllwild, Indian Wells, La Quinta, Lake Elsinore, Lakeland Villa, Lakeview, March AFB, Menifee, Moreno Valley, Norco, Nuevo, Palm Desert, Palm Springs, Perris, Rancho Mirage, San Jacinto, Valle Vista, Winchester, and Woodcrest. Further information regarding Senator Benoit is available on his web site at: http:/www.sen.ca.gov/benoit.
Leave a Reply